MUKTA GUPTA, J. - (1.) This is an Appeal against the order and decree dated 6th April, 2010 disposing of the Application filed by the Plaintiffs (Respondent Nos. 1 to 3 herein) under Order XII Rule 6 CPC whereby the Suit being CS (OS) No. 624/2008 is decreed to the extent of the portion marked in blue colour as indicated in the site plan appended at page 63 of the documents in the Suit file.
(2.) The Respondent Nos.1 to 3 filed a Suit inter alia praying for a decree of mandatory injunction, and for a vacant and peaceful possession of desealed property owned by the Respondent Nos.1, 2 and 3 shown in the green outline i.e. the blue portion and the yellow portion in the site plan except the tenanted portion situated at F-144, Main Bazar, Laxmi Nagar, Delhi. On an Application under Order XII Rule 6 filed by the Respondent Nos. 1 to 3 a decree qua the blue portion in the site plan has been passed in their favour. According to the pleadings, property bearing No.F-144, Main Bazar, Laxmi Nagar, Delhi, measuring approximately 212 sq. yards was owned by one Smt. Parbati Devi in view of the Will left by late Sumer Dass in her favour. The Respondent Nos. 1, 2 and 5 purchased a portion of the said property on the northern side measuring 63x18 ft. i.e. 127 sq. yards from the said Smt. Parbati Devi for a valuable consideration who executed an agreement deed dated 28th May, 1992 and other documents such as Power of Attorney, Will etc. and handed over the vacant and peaceful possession of the said portion of the property which is shown in blue colour in the site plan. It is stated that the said Smt. Parbati Devi had sold the remaining portion of the said property measuring 63x12 ft. i.e. 85 sq. yards to the Appellant, out of which 63x4 ft. was sold by the Appellant to the Respondent Nos. 1 and 2. The necessary facts relating to the issue in the present Appeal are found in the following paras of the Plaint: 1. That the property bearing No. F-144, Main Bazar, Laxmi Nagar, Delhi measuring approx 212 sq. yards, was owned by one Smt. Parbati Devi w/o Shri Bua Dutta. 2. That the plaintiff Nos. 1 and 2 alongwith Defendant No. 3 purchased a portion of the said property measuring approx 127 sq. yards. From the said Smt. Parbati Devi, for valuable consideration, and she had executed agreement deed dated 28.5.1992 and other documents, such as power of attorney, Will etc. in favour of the said purchasers. Against payment of the total sale consideration, the vacant and peaceful possession of the said portion of the property, which is shown in Blue colour in the Site Plan, was handed over to the plaintiff Nos. 1 and 2 and defendant No. 3.
(3.) That after the death of the said Smt. Parbati Devi, and on the basis of Will dated 28.5.1992 left behind her in respect of the above said property, the Court of Shri K.P. Verma, District Judge, Delhi granted Letters of Administration in respect of the said portion of the property in favour of the plaintiff Nos. 1 and 2 and defendant No. 3.;